Kivevenze v Principal Secretary Ministry of Defence & 2 others (Cause 1921 of 2017) [2023] KEELRC 2470 (KLR) (16 October 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2470
- Citation
- [2023] KEELRC 2470 (KLR)
- Decided
- 16 October 2023
Summary at a glance
TypeUnfair DismissalPostureAppeal from an original trial decisionCoramJK GAKERI, Rika
The court has jurisdiction over the matter as the Employment Act does not apply to the Kenya Defence Forces. The termination of the claimant's employment was unfair.
Facts
Claimant was dismissed from the Kenya Defence Forces for aiding a corporal to defraud civilians. He claims the dismissal was unfair.
Issues
- Whether the court has jurisdiction over the matter
- Whether the termination of the claimant's employment was unfair
Reasoning
The court's jurisdiction is based on the Employment Act, which does not cover the Kenya Defence Forces. The dismissal was found to be unfair due to the lack of proper procedure.
Outcome
The claimant's case is upheld, and the dismissal is found to be unfair.
Authorities cited
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